Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP New York Philadelphia 317 Madison Avenue, Suite John F. Kennedy Boulevard, Floor 17 New York, NY Philadelphia, PA Immigration Opportunities Immigration Opportunities for Clinicians and Researchers Thursday, January 31, 2013

Klasko, Rulon, Stock & Seltzer, LLP Suzanne B. Seltzer, Esq. Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP. Ms. Seltzer is the Chair of the American Immigration Lawyer's Association (AILA) USCIS Benefits & Policy Liaison Committee, is a member of AILA’s InterAgency Liaison Committee, and recently completed her tenure as the Vermont Service Center (VSC) liaison and as a NAFSA Regulatory Ombudsman. Ms. Seltzer speaks and writes extensively on visa options for scientists and researchers. She is listed in Best Lawyers in America, Chambers USA, New York SuperLawyers, and the International Who's Who of Corporate Immigration Lawyers. A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer received her law degree from Georgetown University’s Law Center (cum laude).

Klasko, Rulon, Stock & Seltzer, LLP Immigration Opportunities Part I: J-1 Waivers & Options Understanding J-1 two year rule  Who is Subject  What Does it Mean to be Subject  Options if Subject J-1 Waivers  Research based  Clinical based The O-1 Visa as a bridge to a waiver For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Visa Who is subject to 2-year return?  Exchange Visitor Skills List Right Skill? Right List?  Government Funding U.S. or Home Country Direct or Indirect  Graduate Medical Training For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP What Does it Mean to be Subject? Ineligible for Certain Visas  H-1B  L-1  K Ineligible to apply for final step of Green Card  I-485  IV Consular Processing  But may commence initial steps… For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP If Subject, are there Options? Return home  Where is home?  Aggregating trips Apply for a Waiver Obtain an O-1 Visa  Requires an employer willing to sponsor  Must Demonstrate “Outstanding” in field  Does not ‘waive’ the two years, just puts it off for awhile For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Waiver Options Waiver options  Hardship  Persecution  No objection waiver (researchers only) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Waiver Options: Research Federal government agency waiver based on essentiality to research:  National Science Foundation  Department of Energy  Health & Human Services  U.S. Dep’t of Veteran’s Affairs For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Waiver Options: Clinical Federal government agency waiver based on clinical service:  Appalachian Regional Commission  Delta Regional Authority waiver  Health & Human Services  Department of Veteran’s Affairs  Conrad State 30 waiver For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Waiver Options: Clinical Clinical Waivers  Requires at least 3 Year Commitment  3 Year Obligation Must be fulfilled in H-1B status  If 3 year commitment is extended to 5 years, may be a pathway to the green card For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP O-1 Alien of Extraordinary Ability Factors Considered in Initial Evaluation  1 st authored articles / impact factors  Citations to 1 st authored work  Conference presentations  Book chapters / review articles  Peer reviewer / manuscript reviewer For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP O-1 (cont’d) What’s Included in the Petition  Reference letters Independent referees Addressing O-1 criteria  Corroborating Documentation Processing time / issues Length of approval Extensions For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP For more information, visit

Part II Pathways to Permanent Residency

Klasko, Rulon, Stock & Seltzer, LLP Immigration Opportunities Part II: Pathways to Permanent Residency What is Permanent Residency Permanent Residency Quotas Employment Based Permanent Residency  Self Petitions  Employer Sponsored Adjustment of Status and Maintenance of status For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP What is Permanent Residency? Authorization to Live & Work Indefinitely in the United States “Immigrant Visa” The “Green Card” or “Form I-551” Not always ‘forever’ – may be abandoned or taken away For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Immigrant vs. Nonimmigrant Visas Immigrant Visa  Green Card / Permanent Residency Nonimmigrant Visa (NIV)  H, F, J, O, etc  Limited duration  Specific to employer / institution  Specific to purpose (work/study/tourism) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas Annual Limit on Immigrant Visas (Permanent Residency) Per Country Limit – 7% Allocated by:  Priority Date – place in line  Preference Category For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas Employment Based Preferences  First Preference (EB-1) Extraordinary Ability, Outstanding Researcher, Multinational Executive  Second Preference (EB-2) Nat’l Interest Waivers, Advanced Degreed Professionals, Bachelors plus 5 years exp.  Third Preference (EB-3) Skilled Worker (2+ years experience), Bachelor’s Degree For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for February 2013 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C15JAN0801SEP04CC 3 rd 15MAR0715NOV0615NOV0215MAR0722AUG06 Other Workers* 15MAR0701JUL0315NOV0215MAR0722AUG06 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? “Oversubscribed” versus “Available”  Available if: Visa Bulletin indicates “C” = current Priority date earlier than posted date  Predictions from State Department for FY2012 EB-1 approvals are down almost 50% This will advance EB-2 in China or India China EB-3 will advance a little; India EB-3 not at all For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency Employer-sponsored or self-sponsored Labor certification or extraordinary / national interest / exceptional Multiple petitions Multi-Step Process Non-Immigrant Status? For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency: EB-1 Extraordinary Ability/EB-1 (I-140, filing fee $580)  “One of a Few at the Top”  ‘Self-Petition’ – no need for employer sponsor  Factors Considered in Initial Evaluation 1 st authored articles/impact factors Citations to 1 st authored work Conference Presentations Peer Review/Manuscript Review Work References from independent Experts Documenting Regulatory Criteria  Preparation/Processing Times For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-1 Outstanding Researcher/EB-1 (I-140, filing fee $580)  Similar to Extraordinary Ability  Requires employer sponsor  At least 3 Years experience  Permanent job offer  Qualified Employers: Academic Institutions Industry  At least 3 FT researchers  Recognition in field (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP New EB-1 Guidance (Kazarian) Issued December 2010 Establishes Two-Part Analysis of EB-1  Does Petition Contain Evidence of Requisite Number of Criteria?  ‘Final Merits Analysis’ – does evidence demonstrate that beneficiary is one of a very few at the top of the field? For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP New EB-1 Guidance Implications of Two Part Analysis  ‘Final merits analysis’ is an opportunity to second guess the criteria – more subjective adjudication  USCIS provides no clear guidelines for applying final merits analysis  Confusion among adjudicators as to the correct standards to apply For more information, visit (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-2 National Interest Waiver/EB-2 (I-140, filing fee $580)  Self-Petition, no employer sponsor required  Two Different Pathways to NIW Three Prong Test  Field is of Substantial Intrinsic Merit  National Impact of Your Contributions  You Are “Substantially Better” Than Your Peers For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP National Interest Waiver 5 Year Commitment to MUA/HPSA  5 Year Contract  Letter from State Department of Health supporting petition  Proof work location is physically located in HPSA/MUA  Will not get green card until 5 year service is complete For more information, visit (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: Employer Sponsored Labor Certification Application (PERM)  Employer MUST Pay Costs  Recruitment Special Handling – involves teaching Professional – minimum requirements  Prevailing wage  First of 3 steps 2 nd Step – I rd Step – I-485 or IV Consular Process (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Timing  Preference categories/quotas  Priority dates  Processing times Concurrent filing (I-140/I-485) I-485 filing fee $1070, includes:  Employment authorization (I-765)  Advance parole (I-131) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Adjustment portability H-1B Extensions  One Year  Three years Spouses (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Issues Relating to NIV Status During Permanent Residency Process Important to Maintain NIV status Travel Extensions of Status Dependents Eligibility for OPT For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP For more information, visit Questions?

Klasko, Rulon, Stock & Seltzer, LLP For Further Information Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (New York) (Philadelphia) Offices: New YorkPhiladelphia 317 Madison Avenue 1800 John F. Kennedy Blvd. Suite 1518Floor 17 New York, NY Philadelphia, PA 19103

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Klasko, Rulon, Stock & Seltzer, LLP DISCLAIMER / COPYRIGHT NOTICE The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration- related guidance is needed. Copyright © 2013 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © All rights reserved.